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March 2, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Global Escape Corporation
349 Broadway
Fourth Floor
New York, NY 10013
RE: File No. EB-07-TC-601
Dear Correspondent:
This is an official CITATION, issued pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. S 503(b)(5),
for violations of the Act and the Federal Communications Commission's
rules that govern telephone solicitations and unsolicited advertisements.
As explained below, you may appeal this citation. In addition, future
violations of the Act or Commission's rules in this regard may subject you
and your company to monetary forfeitures.
Attached are consumer complaints regarding autodialed, prerecorded, or
artificial voice messages that your company, acting under your direction,
has delivered to an emergency telephone line, a telephone line of a guest
or patient room at a health care facility, or a telephone number assigned
to a paging service, cellular telephone service or any service for which
the called party is charged for the call.. These complaints indicate that
you and your company have violated section 227(b)(1)(A) of the Act and
section 64.1200(a)(1) of the Commission's rules. See 47 U.S.C. S
227(b)(1)(A); 47 C.F.R. S 64.1200(a)(1).
Under Section 227(b)(1)(A) of the Act and section 64.1200(a)(1) of the
Commission's rules, it is unlawful for any person within the United
States, or any person outside the United States if the recipient is within
the United States to initiate calls using an automatic telephone dialing
system or an artificial or prerecorded voice to (1) any emergency
telephone line, (2) the telephone line of any guest or patient room at a
health care facility, or (3) any telephone number assigned to a paging
service, cellular telephone service or any service for which the called
party is charged for the call. The provisions provide exceptions when the
call is made (1) for emergency purposes, or (2) with the prior express
consent of the called party.
If, after receipt of this citation, you or your company violate the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
You may respond to this citation within 30 days from the date of this
letter either through (1) a personal interview at the Commission's Field
Office nearest to your place of business, or (2) a written statement. You
may use this response to appeal this citation. For example, you may claim
that you can document that the calls were made for emergency purposes or
that you had the prior express consent of the called party. In addition,
your response should specify the actions that you are taking to ensure
that you do not violate the Commission's rules governing prerecorded
messages, as described above.
You may schedule a personal interview at the nearest Commission field
office. These offices are located in: Atlanta, GA; Boston, MA; Chicago,
IL; Columbia, MD; Dallas, TX; Denver, CO; Detroit, MI; Kansas City, MO;
Los Angeles, CA; New Orleans, LA; New York, NY; Philadelphia, PA; San
Diego, CA; San Francisco, CA; Seattle, WA; and Tampa, FL. Please call Al
McCloud at 202-418-2499 if you wish to schedule a personal interview. You
should schedule any interview to take place within 30 days of the date of
this letter. You should send any written statement within 30 days of the
date of this letter to:
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445-12^th Street, S.W.
Rm. 4-C222
Washington, D.C. 20554
Reference EB-07-TC-601 when corresponding with the Commission.
Reasonable accommodations for people with disabilities are available upon
request. Include a description of the accommodation you will need
including as much detail as you can. Also include a way we can contact you
if we need more information. Please allow at least 5 days advance notice;
last minute requests will be accepted, but may be impossible to fill. Send
an e-mail to [1]fcc504@fcc.gov or call the Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio
format): 202-418-0531 (voice), 202-418-7365 (tty).
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C.
S 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kurt A. Schroeder
Deputy Chief, Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
Enclosures
47 U.S.C. S 227; 47 C.F.R. S 64.1200. A copy of these provisions is
enclosed for your convenience. Section 227 was added to the Communications
Act by the Telephone Consumer Protection Act of 1991 and is most commonly
known as the TCPA. The TCPA and the Commission's parallel rules restrict a
variety of practices that are associated with telephone solicitation and
use of the telephone network to deliver unsolicited advertisements,
including prerecorded messages to residential telephone lines. We refer in
this citation to the Commission's rules as they existed at the time of the
violations in this matter. Revised rules in this area took effect on
August 1, 2006.
The term "automatic telephone dialing system" means "equipment which has
the capacity to store or produce telephone numbers to be called, using a
random or sequential number generator, and to dial such numbers." 47
U.S.C. S 227(a)(1); 47 C.F.R. S 64.1200(f)(1).
47 U.S.C. S 227(b)(1)(A)(i) - (iii); 47 C.F.R. S 64.1200(a)(1)(i) - (iii).
47 U.S.C. S 227(b)(1)(A); 47 C.F.R. S 64.1200(a)(1).
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 07-973
1
3
Federal Communications Commission DA 07-973
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
Visible links
1. mailto:fcc504@fcc.gov